Category Archives: Reflections

Relying on Common Sense

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The problem of relying on “common sense” (as that term is often used and understood) is that such reliance not only reflects a presumption that one possesses that very quality that we deem and recognize as “common sense”, but further, that we assume that we have such sense to realize one possesses it, and additionally, that the person to whom such sense is applied also has it.  In preparing, formulating and filing for FERS Disability Retirement benefits from the Office of Personnel Management, it is indeed an arbitrary delegation and assignment of one’s case, that the Case Worker would possess that very quality in the process of evaluating, analyzing and reviewing the Federal Disability Retirement application.

Instead, what normally happens is that the OPM Case Worker mechanically applies a sheet containing the “7-part Legal Criteria” and determines whether or not a Federal Disability Retirement application satisfies each of the criteria.  But much of OPM Disability Retirement has to do with subtle implications and “reading between the lines” of a medical report, and coming to a “common sense” conclusion by extrapolating and actually analyzing the connection between one’s positional duties and one’s medical conditions, and determining whether or not an inconsistency exists.

Further, when the Bracey decision concerning the concept of “Accommodations” is considered, the issue of inconsistency between a Federal or Postal position and the medical condition can be viewed in a proper light and context, with greater clarity.  But to rely upon common sense — both in one’s self, and in someone else — is a dangerous assumption: one which proves the old adage about making a donkey out of you and me.

Sincerely,

Robert R. McGill, Esquire
OPM Disability Retirement Lawyer

While we do every effort to keep our blogs updated, Federal Disability Retirement Law changes over time, especially with new case laws and rules.  If you have any question about the FERS Disability Retirement process, please contact the author for a personalized consultation.  Mr. McGill is the leading FERS Disability Retirement Attorney in the country.  He dedicates 100% of his practice in this unique field of law.

Efficiency and Effectiveness

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What does it mean to be “efficient”?  Is it distinguishable from being “effective”, or are the two inseparable?

In preparing, formulating and filing for FERS Disability Retirement benefits from the U.S. Office of Personnel Management, it is important to be effective in submitting a paper presentation to the Office of Personnel Management.  Efficiency, while helpful, is not necessarily a precondition in order to be effective.

In an inverse manner, the U.S. Office of Personnel Management is very effective in its procedural approach — the laws support such effectiveness, in that their decisions, time frames and arguments are effective in their very finality (leaving aside the issue of appeal rights, of course).  But is OPM efficient?  Most would argue that because of the recent inefficiencies reflected by their case-load backlog, that one could hardly describe OPM as being very “efficient”.

Thus, “effectiveness” and “efficiency” are two distinct concepts which are clearly separable.  If one were to choose which of the two characteristics one should embrace in preparing, formulating and filing for Federal Disability Retirement benefits with the U.S. Office of Personnel Management, it would clearly be the former (effectiveness), as opposed to the latter (efficiency).  For, while time will fade, the final decision of whether one gets an approval or a denial in an OPM Disability Retirement case will not.

Being effective in fighting a case is the more important of the two characteristics, and sometimes, when one needs to be effective, one is not terribly efficient in the process.

Sincerely,

Robert R. McGill, Esquire
Federal & Postal Disability Retirement Attorney

The information appearing on this blog is provided for informational use only and is in no way intended to constitute legal advice.  Transmission or receipt of any information from this blog does not create an attorney-client relationship, and you should not act or rely upon any information appearing on this website without seeking the advice of a FERS Disability Retirement Attorney.

Apparent Normalcy

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One can venture and maneuver through this world with a semblance of normalcy, where from all outside perspectives, a person is untroubled and unencumbered.

There are multiple complexities inherent in such a perspective, of course: what constitutes “normal”; to what extent do individuals have a responsibility in assessing and evaluating a person’s private world; as well as the problem of infringing upon the privacy of others, and the desire of the other to allow for any intrusion, whether consciously or subconsciously.

For, each person constructs multiple layers of privacy zones — from the proverbial picket fence, to one’s own private bedroom; to the gates of a home; but always, the foundation begins within the walls of the skull of one’s brain. For, the gatekeeper is always maintained by the individual, as to what is allowed in, and what is manifested for others to observe.

For the Federal and Postal Worker who is beset with a medical condition, such that he or she must contemplate filing for Federal Disability Retirement benefits, whether under FERS or CSRS, with the U.S. Office of Personnel Management, it is often the preparation of the actual forms which is the first manifested evidence of an impacting medical condition.

All throughout the previous many years, the apparent normalcy has been closely protected; great performance ratings, minimal leave taken, and daily smiles and platitudinous greetings; until the Federal or Postal worker arrives at a crisis point.

This is the apparent face and semblance of normalcy — the surprise of others, of the regretful and remorseful comment, “I just never would have realized.” Or, perhaps it is the indicia of the busy world in which we all live, which allows us to lack any compassion to notice.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Lawyer

Robert R. McGill is a FERS Disability Retirement attorney, that is, a lawyer who specializes in helping Federal and Postal employees secure their FERS Disability Retirement benefits, a practice area he dedicates 100% of his time.  For more information about his legal services, publications and forum, please visit one of his legal websites and blogs available through the Internet.

The Priority of Your Health

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We must always take a pause and consider those things which we often take for granted, but which form the foundation of a productive life and career.  Health is indeed one of those “things” which are taken for granted. It is somewhat like automobile insurance: one never thinks about it, until one gets into an accident.

For Federal and Postal employees who are considering filing for FERS Disability Retirement benefits, health often becomes an issue with greater and increasing focal emphasis, precisely because the corresponding ratio between “effort expended” and “result obtained” becomes out of balance, where the chronicity of pain, discomfort, and inability to physically or cognitively engage in certain duties or activities, becomes pronounced the more one attempts greater efforts.

What to do?  Preparatory work in setting the foundation for a successful future formulation of a Federal Disability Retirement application begins with a good doctor-patient relationship. It is often a good idea to begin to confide in one’s treating doctor, for that is the basis of a future formulation in considering a FERS Disability Retirement application.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Lawyer

The information presented in this blog does not constitute legal advice.  This and other articles may or may have not been previously published in other websites including but not limiting the FERS Disability Retirement website, the OPM Disability Retirement blog, the Federal Disability Attorney blog, and/or other resources in third-party websites.

The Age of Information Overload and Finding Relevant Information

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Before we even became comfortable with the assignation of the term, “information age”, we were informed that we have already entered into the “post information age”; one has no idea where one stands today because of the lightning speed of our times.

Whether human nature can withstand the onslaught of such rapidity and volume of the multiplicity of component data; of what consequence we are creating in our very midst; whether destruction of societal relationships and connections are truly best for the survival and continuation of our species; all of these concerns matter little.  For, like the story of the complex machine which was once created, and for which Man forgot to build an “off switch”, the ever-forward trajectory of the age of infinite information encroaches whether we desire it or not.

Technology is dependent upon the newness of the next generation of dazzling whistles. The desire for greater enhancement of stimuli is wired within the human psyche; and like the rat which becomes addicted and comes back for more, we require the overload.

For the Federal and Postal employee who is beset with a medical condition, such that the medical condition prevents one from performing one or more of the essential elements of one’s job, the process of gathering, incorporating, and applying the information concerning Federal Disability Retirement and the bureaucratic process of obtaining the benefit can be, at best, a daunting task. There is always that “piece of evidence” of statutory linkage which must be considered; and as technology continues to progress without regard to individual circumstances, it is anathema to the regressive nature of a progressively deteriorating medical condition.

Ultimately, however, in whatever “age” we find ourselves in, we must play by the rules of the game, and acquire as much information as we can, and be able to filter that which is relevant as opposed to mere fluff. Like the proverbial bubble filled with hot air, there is much information “out there” which is either irrelevant, inconsequential, or simply filled with errors. One must be careful as to the source, and who to listen to.

For Federal and Postal employees under FERS or CSRS, the process of filing for Federal Disability Retirement will be a long and complicated one. How one gets there will be the key; what information to use, and what tools to covet, will make all the difference in this complex world of post-whatever in which we find ourselves.

Sincerely,

Robert R. McGill, Esquire
Federal Disability Retirement Attorney

Federal & Postal Disability Retirement: An Aristotelian Approach

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Aristotle’s Nicomachean Ethics has been the primary foundation for the Western paradigm of proper behavior in philosophy. Quite distinct from his obtuse Metaphysics, the ethical framework of Aristotle takes a pragmatic, almost Confucian approach to correct behavior — balancing context, temperament, timing and correct behavior in formulating a modulated encompassment of how one should act.

As with all things in life, there must be a “balance” — and a recognition that time and relative context of affairs must be taken into consideration before one should act. In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether one is under FERS or CSRS, one must similarly recognize that there is an insight into the balance of life before one can proceed with any action, whether it is an administrative action before the U.S. Office of Personnel Management, or before one’s own agency.

A Federal Disability Retirement application must be “proven”; as such, there is a distinction to be made between that which one “experiences”, and that which one can “prove”.

In such a context, sometimes a medical retirement packet may take some time in order to fully develop and evolve. Doctors may not be able to be approached immediately; instead, at the right time, and in the right manner, they may be willing to provide the necessary medical and professional support in order to make one’s Federal Disability Retirement case successful and productive.

The pragmatic approach which Aristotle used in his ethics is still relevant today: at the right time, in the proper context, and taking into consideration the temperament of others. In this way, success can be attained by possessing an insight and wisdom into the world of human affairs. This was the approach of Aristotle; and so it was with Confucius.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Right Timing

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Timing the preparation and submission, and ultimate separation/retirement from Federal Service in getting Federal Disability Retirement benefits under FERS or CSRS is rarely a method of precision; it is closer to art than it is to science.  That is because there is the “human” element involved — of when does the medical condition reach its critical point where one cannot withstand the daily and chronic pain; is the doctor ready to support the Federal Disability Retirement application; is the Agency sympathetic or suspicious; can the reduced finances be worked out for a livable standard of living; will the future allow for all of the elements to coalesce?

There are many, many such human elements which must come into play.  All too often, however, the “right time” for contemplating filing for Federal or Postal Disability Retirement benefits is simply determined by external circumstances, such as reaching a critical point in one’s medical condition such that there is simply no other choice left, as opposed to being able to rationally and calmly make an affirmative decision for one’s future.  Whatever may be the particular and peculiar circumstances of a given Federal or Postal employee, the time to consider preparing a FERS Disability Retirement application must be a decision made by each individual, based upon that individual’s unique circumstances.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: Time

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Time is of the essence in almost everything we do.  There are timed deadlines for filing a Federal Disability Retirement application; a great amount of time is taken in the bureaucratic processing of the application; greater time is taken by the Office of Personnel Management in reviewing, analyzing and deciding upon a Federal Disability Retirement application; appeals to the Merit Systems Protection Board require time within which one must prepare a viable case before an administrative judge, etc.

Time is a presence in every aspect of our lives.  But within that framework, a comparative analysis of time should always be taken into consideration.  To “rush” the preparation of a disability retirement packet is often penny wise but pound foolish; care and patience should always be taken, both in the writing, preparation and filing of anything to be submitted to a Federal bureaucracy; the Office of Personnel Management is no different.  Rushing something in order to “save time” is often counterproductive.  To take the time to prepare an excellent disability retirement packet will actually save time in the long run.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Time to Make the Decision (Part 2)

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The medical condition known as “Fibromyalgia” is analogous to the manner in which Federal and Postal employees approach the decision-making process in filing for Federal Disability Retirement benefits under FERS & CSRS.  Let me explain:  Fibromyalgia, as the Office of Personnel Management often likes to characterize, often manifests itself with chronic and diffuse pain which “waxes and wanes” — meaning, in simple terms, that there are good days and bad days; days when the pain is unbearable, excruciating and debilitating; and days when one can “manage” the extent of the pain and mental dysfunction and confusion. With that context, the Office of Personnel Management often tries to argue that it is not “so bad” as to qualify for Federal Disability Retirement benefits under FERS & CSRS.

By analogy, people with all sorts of medical conditions — from physically debilitating neck and back pain; from Orthopaedic injuries, arthritis, chronic pain, visual impairment, etc.; to psychiatric disabilities of Major Depression, anxiety, panic attacks, PTSD — some days, one can seem to manage the disability; on other days, one cannot get through the day, let alone perform the essential elements of one’s job.  But deep down, one knows that one cannot continue forever on the same course.  To continue is to slowly wither away by a thousand cuts, one cut at a time, one cut per day.  And so, just as the Office of Personnel Management is plainly wrong (for Fibromyalgia is a chronic and debilitating medical condition which clearly qualifies for disability retirement), so the person who procrastinates in making the decision to file for Federal Disability Retirement benefits under FERS & CSRS is simply waiting for the inevitable.

Sincerely,

Robert R. McGill, Esquire

CSRS & FERS Disability Retirement: The Time to Make the Decision (Part 1)

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Waiting until the last possible moment to start the process to file for Federal Disability Retirement under FERS or CSRS may be commendable from the Agency’s viewpoint — but is it smart?  If you are a Federal or Postal employee with multiple years of service, and you believe that because you gave your life, your blood, your sweat, tears, and even your firstborn, that therefore you will receive what I often term as “bilateral loyalty” (i.e., an expectation of receipt of loyalty from your agency for having given your undying loyalty to them throughout the years), you might want to reconsider.

If you are exhausting all of your sick leave, using your annual leave, dipping into your TSP in order to “hope” that you will recover from your continuing medical condition, then come to a point where you need to file for Federal Disability Retirement under FERS or CSRS, then come to realize that you must survive for 6 – 8 months, or even longer, and pay an attorney, pay for medical reports, and _______ (here, you may fill in the space yourself), then you may need to re-think the entirety of the process, the time it takes, etc.  Most people know, very early on, whether or not he or she has a medical condition which will last for a minimum of 12 months.  The time to start planning for the future is now.  As a famous football coach once quipped, “The future is now.”

Sincerely,

Robert R. McGill
Federal Disability Attorney